Transitional Justice and Forced Migration
Critical Perspectives from the Global South

Establishes links between lack of societal peace, structural causes of human suffering, recurrent patterns of political violence and forced migration in the Global South.

Nergis Canefe (Edited by)

9781108433129, Cambridge University Press

Paperback / softback, published 19 May 2022

332 pages, 6 b/w illus. 3 tables
22.9 x 15.1 x 1.9 cm, 0.49 kg

This volume brings together critical legal scholarship and theories of forced migration that draw attention to the dual role of law as it pertains to transitional justice and mass violence resulting in forced population movements. Contributors to the volume analyze how forced migration in the Global South have impacted contemporary realities. While there has been considerable focus on refugees and asylum seekers from conflict zones, there is less attention paid to the far more numerous internally displaced peoples (IDPs), stateless people, warehoused refugees, non-status displaced and returnees in the Global South. In this volume, a multidisciplinary group of scholars question the reasons behind the restrictive choices that lock us into area studies modalities instead of genuine interdisciplinary analysis by linking the traditional subject matter of transitional justice with the realities of forced migration in the Global South.

Part I. The Past as the Memory of the Present: 1. Borderlands of Independent India: transition, violence, and justice Ranabir Samaddar
2. A restorative justice approach to the 'Armenian problem': transitional justice between past and future Turgut Tarhanl?
3. Hybrid courts, transitional justice, and displacement in the Global South Nergis Canefe
Part II. Law, Justice, and Hope: 4. Transitional justice, displacement and the rights of the young: retributive and restorative approaches in the aftermath of the Rwandan genocide Marisa O. Ensor
5. Beyond agreements: management tools to support peace agreements in the case of displaced populations in Colombia Fabio Diaz Pabon
6. State-based truth commissions: the case of post-war Sri Lanka Jessica Chandrashekar
7. The right of return in Iraq: conceptualizing insecurity, state fragility, and forced displacement Shamiran Mako and Hannibal Travis
Part III. Ethics of Witnessing: 8. Persecution, prosecution, protection: doing international justice for sexual violence Galya Ben-Arieh
9. Transitional justice, reconciliation and reconstruction process: the case of former LTTE female combatants in post-war Sri Lanka Nasreen Chowdhory and Shamna Hussein
10. The principle of legal certainty: impact assessment of the Syrian refugee crisis on the Turkish law on foreigners and international protection Lami Bertan Tokuzlu
11. Perspectives on legal justice and victim reparations in the diasporic African Great Lakes region Helen Hintjens and Jackson Odong.

Subject Areas: Human rights [JPVH], Comparative politics [JPB]